Forgery of 8332 form
hooper828
unfortunately said nothing about who would get to claim her on taxes. I
was notified by the IRS recently that my ex claimed my daughter on his
taxes and that he attached an 8332 form with my signature and social
security number. This is impossible as I have never signed this form. I
also claimed my daughter.
I am contesting this and going to tax court. Do I have any recourse here
or will the IRS think I am being vindictive and just trying to get him in
trouble? Thank you
Phil Marti
>I have had custody of my daughter for the past 13 years. My divorce decree
> unfortunately said nothing about who would get to claim her on taxes. I
> was notified by the IRS recently that my ex claimed my daughter on his
> taxes and that he attached an 8332 form with my signature and social
> security number. This is impossible as I have never signed this form. I
> also claimed my daughter.
> I am contesting this and going to tax court.
If indeed this issue arose "recently" you should be a long way from Tax
Court. Have you responded to the IRS telling them that the waiver is a
forgery?
Since you have custody and the decree is silent, you have the dependent's
exemption unless you expressly waive it.
--
Phil Marti
Clarksburg, MD
hooper828
was for tax year 2003. Apparently they had already given us both credit
for my daughter, and now they want me to pay mine back. I received the
notice in Aug. so it is fairly recent. The person I spoke with said the
next step would be tax court.
Paul A. Thomas
"hooper828" <fou...@nospam.gte.net> wrote
> Yes I did contact the IRS and I told them that
> the form was forged. This was for tax year 2003.
> Apparently they had already given us both
> credit for my daughter,
Hmmm......that doesn't happen very often.
Are by chance, the two of you living in different parts of the country?
By that, I'm trying to glean if there are lingering computer problems
between processing centers.
> and now they want me to pay mine back.
They should also be asking for him to pay back also.
> I received the notice in Aug. so it is fairly recent.
> The person I spoke with said the next step
> would be tax court.
Probably not quite the next step, but. It wouldn't hurt to contact a tax
attorney about this issue (as it won't get better as the years pass).
--
Paul A. Thomas, CPA
Athens, Georgia
taxman at negia.net
Phil Marti
I take it you've received no official notice through certified mail. (If
you have, get your Tax Court petition filed now. I would imagine this would
qualify for Tax Court Small Claims, so I'm not as sure as Paul that you need
a lawyer.)
Assuming they haven't sent the formal notice, get back in touch with them,
asking to speak to the supervisor of the functionary who told you Tax Court
was the only alternative.
hooper828
We do live in different states. I was surprised that it took them so long
to figure this out. But computer problems could be the reason I suppose.
What other alternatives are there except for tax court in a situation like
this?
hooper828
prove that I didn't sign this form? I asked the IRS if I could see a copy
of the form and they said "no" because it is attached to his income tax
return and there is some law about not releasing info. How can I defend
myself?
Thanks again!
Paul A. Thomas
"hooper828" <fou...@nospam.gte.net> wrote
No, privacy laws do not allow them to show you (or even tell you) about his
return. So I am also surprised that they told you that your ex had claimed
your daughter, as that is generally private information.
Make them take a look at the form on his return and compare proof of your
signature (bring several historical signatures). While they clearly won't
spot a good forgery, they'll notice (or should) that it wasn't signed by
you.
Do what Phil suggested, and talk to the up-line supervisor to see what can
be done first.